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1. Description of Service
Welcome to MyLatinLady.com, a division of GlobalWebIdeas.com (hereinafter referred to as "MyLatinLady.com", “GlobalWebIdeas.com”, " MyLatinLady ", “Network”, "Website" or "Websites"). MyLatinLady is a local, national and international "Service" for adults to meet. You must read carefully and agree to all "Terms of Use" ("the Agreement”), herein, before you may view or access MyLatinLady.com, a division of GlobalWebIdeas.com. This agreement binds members to all Websites, and all affiliate member websites by this "Terms of Use Agreement". By visiting, by viewing, by joining, by becoming a member of any type, or by "Using" our “Websites” in any way, shape or form, you agree to be bound by this "Terms of Use Agreement" between “MyLatinLady” and you, ("the User"). Even if you do not become a member, you are still bound by the "Terms of Use" ("this Agreement"). Your use of the Websites and or services constitutes your acceptance of this Terms of Use, this Privacy Policy, this Dating Safety Guidelines, and other terms and conditions as they are posted on site from time to time.
IF YOU DO NOT AGREE TO TERMS OF USE, PRIVACY POLICY, AND OR, HEREIN, ANY OTHER TERM OR CONDITION POSTED ON SITE FROM TIME TO TIME, YOU ARE NOT ALLOWED TO USE ANY WEBSITES UNDER ANY CIRCUMSTANCE.
2. Eligibility
Membership of this site is void anywhere that it is prohibited. By using or viewing Websites of MyLatinLady, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its "Terms and Conditions", that you are at least 18-years old (21-years old in AL, MS, NE, WY, and any other locations where 18 in not the age of majority).
3. Modification of Agreement
MyLatinLady may change or modify this agreement at any time. Modifications to this agreement are effective at the time changes are made available to you; the time changes are updated ("posted") on our Website. This Agreement also includes the MyLatinLady Privacy Policy, and all other notices provided to you via our Websites, e-mails sent to your most recent personal URL address provided to us, and/or any other means of communication in regards to our Websites, and our Services. This agreement covers the complete Terms of Use Agreement for MyLatinLady.com, and network.
4. Termination
MyLatinLady may terminate your membership for any reason and reserves the right to refuse and terminate your service to both Websites, for any reason, without explanation. If MyLatinLady terminates your membership for breach of agreement, you lose your right to any refund of unused time left of your membership subscription. You will not receive and also acknowledge that you are not entitled to any type of refund of monies remaining for unused services of your membership subscription. This agreement will remain in effect during the time you use the website, and after your membership has been terminated. Even after this Agreement is terminated, certain provisions will remain in effect including but not limited to sections 1, 7, 11, 15, 24, 27, 28. You, the User may terminate your membership for any reason and at any time by going to the Welcome Member Page, clicking "My Account" and then "Cancel Account".
You, the buyer, may cancel this agreement, without any penalty or obligation, at any time prior to midnight of the Seventh Day, including weekends and holidays, following the date this agreement is accepted for a full refund. After midnight of the Seventh Day that this agreement is accepted, including weekend and holidays, you may still cancel your agreement for any reason, but you will not be entitled to receive any refund for unused time left on your subscription.
5. Member Account, Password and Security
You will receive a password and account number designated to you upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MyLatinLady of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MyLatinLady cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
6. No Resale of Service
You agree not to reproduce, duplicate, copy, sell trade, resell or exploit for any commercial purposes, any portion of the Service (including your MyLatinLady I.D.), use of the Service, or access to the Service.
7. Non-Commercial Use
MyLatinLady is strictly for the personal usage of the individual member seeking pleasure by meeting somebody for a pen pal, friendship, romance, love, and/or a marriage relationship. MyLatinLady.com may never be used for commercial purposes, whatsoever. Organizations, companies, and/or businesses may not become members of the MyLatinLady Websites and shall not use the MyLatinLady Services or Websites for any purpose including but not limited to:
- sending unsolicited commercial e-mail to members
- sending advertisements for other web sites and/or services in our Website chat rooms
- using members’ personal identifying information for commercial purposes
- Soliciting members for money, or asking them to join other affiliations or websites through MyLatinLady Website or outside of the MyLatinLady Website.
- using the website illegally and/or without authorization, which includes collecting usernames, profiles, and/or personal e-mail addresses of members by electronic ways or other means for the purpose of sending unsolicited email.
Illegal and unauthorized framing of or linking to our Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress and/or termination of membership at MyLatinLady’s sole discretion.
In order to prevent the sending of unsolicited commercial e-mail, chat messages to its members, MyLatinLady may take reasonable steps, including the limiting of the numbers of e-mails or chat messages sent or received by a member and electronically filtering, or throttling, or terminating e-mail and chat messages at the sole discretion of MyLatinLady.
8. Dealing with Advertisers
Your correspondence or business dealings with, or participation in promotions of advertisers, found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that MyLatinLady shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
9. Proprietary Rights
MyLatinLady.com owns and retains all proprietary rights in the MyLatinLady Websites and all of its services. The websites contain copyrighted material, trademarks, and other proprietary information of MyLatinLady.com, GlobalWebIdeas.com and its licensors. Except for that information of the public domain, or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information, stated or not stated, herein the MyLatinLady Websites.
10. Content Posted on the Site
MyLatinLady may review and delete any e-mail messages, messenger messages, chat messages, photos, and/or profiles which might be offensive, illegal, or potentially violate the rights, harm, or threaten the safety of its users at its sole discretion without your notice. You are solely responsible for the Content that you publish or display on the website, or transmit to other members. MyLatinLady will not be responsible for any circumstance or any harm that results directly or indirectly with the use of the website or by the acts or omissions of your relation with other users online or offline.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not MyLatinLady, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. MyLatinLady does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MyLatinLady be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
With respect to Content you submit or make available for inclusion on the Service, you grant MyLatinLady.com the following world-wide, royalty free and non-exclusive license(s) with respect to all content, photos, graphics, audio or video you submit and any other and all Content other than photos, graphics, audio or video you submit or make available for inclusion on the MyLatinLady Service. You grant MyLatinLady the perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display, publicize, or market such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
By posting Content to any area of MyLatinLady.com, you automatically grant, and you represent and warrant that you have the right to grant to MyLatinLady an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, adapt, change, sell, and distribute such information and content and to prepare derivative works of or incorporate into other works such information and content, and to grant and authorize sublicenses of all the foregoing.
11. Member Conduct
You agree to not use the Service to:
- Post anything contently offensive to the online community
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation,
- promote illegal or unauthorized copy of another person’s copyrighted work
- promote pirated computer programs or links to these kinds of programs to members
- provide information to circumvent the manufacture-installed copy-protection devices
- provide pirated music or links to pirated music files
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act
- "stalk" or otherwise harass another
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- impersonate any person or entity, including, but not limited to, a MyLatinLady official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges
- contain restricted or password only access pages or hidden pages or images (those not linked to ours from another accessible page)
- provide material that exploits or harms minors in any way
- solicit personal information from any minor
- solicit, beg, borrow, loan and give money or material things to members
- provide instructional information about illegal activities, such as making or buying illegal weapons
- violating someone’s privacy
- providing or creating computer viruses
- solicit passwords or personal identifying information
- solicit commercial or unlawful purposes for other users
- engage in commercial activities and/or sales without prior written consent such as contests, sweepstakes, barters, advertising, and pyramid schemes
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.
- use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. Use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the MyLatinLady Sites. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary.
- provide content that involves cursing, swearing, incest, falsifying gender, violence, necrophilia, impersonating another member, threat of suicide or harm to oneself or others, drug paraphernalia, or bestiality; and/or
- display pornographic or sexually explicit material of any kind; provide material that exploits people under the age of 18 in a sexual or violent manner.
You acknowledge that MyLatinLady may or may not pre-screen Content, but that MyLatinLady and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, MyLatinLady and its designees shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by MyLatinLady or submitted to MyLatinLady, including without limitation information in MyLatinLady Message Boards, MyLatinLady Expert Advice and in all other parts of the Service.
You acknowledge, consent and agree that MyLatinLady may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of MyLatinLady, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by MyLatinLady and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
You agree to use the service in a manner consistent with any and all applicable laws and regulations where you live. You agree not to include in your member profile any telephone numbers, street addresses, last names, URLs or email addresses.
You agree not to engage in advertising to, or solicitation of other members to buy or sell any products or services online or offline. You agree not to transmit any chain letters or junk email to other members on our Websites or off our Websites.
Although MyLatinLady cannot monitor the conduct of members off the website, it is also a violation of these rules to use any information obtained from our services or Websites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit to, or sell to any of our members, whether they are still a member or not.
12. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement
MyLatinLady respects the intellectual property of others, and we ask our users to do the same. MyLatinLady may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide MyLatinLady’s Copyright Agent the following information:
- electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- scription of the copyrighted work or other intellectual property that you claim has been infringed;
- scription of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
MyLatinLady’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
13. Subscription
If you sign up for multiple subscriptions to MyLatinLady.com, you will be limited to only one instance of MyLatinLady.com, messenger, etc. regardless of the number of subscribing accounts you may have with us.
14. Fees
We reserve the right at any time to charge fees for access to new Website content or services or to portions of the existing Website content or services or to MyLatinLady as a whole. In no event will you be charged for access to any MyLatinLady content or service, or to MyLatinLady as a whole, unless we obtain your prior agreement to pay such charges. If you do not consent to such charges, however, you may not have access to paid content or services.
15. Member Disputes
You are solely responsible for you interactions on the MyLatinLady Websites. MyLatinLady does not control the information provided by other users that are made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using our site. You are solely responsible for your interactions with other MyLatinLady members. Because it is not involved in member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed, or used information on the MyLatinLady Websites, you release MyLatinLady, including its owner, officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code - 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." MyLatinLady reserves the right, but has no obligation, to monitor disputes between you and other members.
16. Forums and Bulletin Boards
The MyLatinLady Websites may contain and allow its users to post reviews of their dating online and travel experiences, as well as general postings of messages in chat rooms, bulletin boards or other forums. As MyLatinLady provides such services, you expressly agree to use such services only to send messages and material that are appropriate and that are related to the topic of the particular forum. MyLatinLady does not edit or control the information or materials posted to or distributed through any chat rooms, bulletin boards or other communications forums, will not be in any way responsible or liable for such information or materials and claims no proprietary rights of any kind arising from the posting or distribution of information or material in such forums. MyLatinLady nevertheless reserves the right for any reason in its sole discretion to remove without notice any contents of any such forum. By posting or distributing information or material through such forums, you expressly abandon any proprietary rights you may have in such information or material, and such information or material may be freely used, copied and distributed, in any medium and in any form, by others without your permission. You agree not to post or distribute any information or material that is copyrighted by any third party without the express written consent of such party, and you agree to indemnify and hold harmless MyLatinLady from any claim arising out of or relating to your violation of this provision.
17. Digital Millennium Copyright Act compliance
MyLatinLady complies with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. - 512). If you have any complaints or objections to material posted on this site, or if you believe that material posted on this site infringes a copyright that you hold, you may contact our Designated Agent Content Director, at the following address:
18. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
19. Confidentiality
With the exception of the information provided to other Registered Users pursuant to the Terms of Use, MyLatinLady will keep confidential all information supplied to the Company by you, including credit card number(s) and other financial information, and shall use or disclose such information only for the purposes for which such information was collected, or as required by court order or applicable law.
For additional information about the collection and possible use of information provided by you, please click on the Company's privacy policy. By using MyLatinLady, you agree to allow us to anonymously use the information from you and your experiences through MyLatinLady to continue our research into successful relationships. This research, conducted by psychologists and behavior research scientists, may be published in academic journals. However, all of your responses will be kept anonymous, and no personal identifying information will ever be published.
20. Privacy
Use of the website and/or service is also governed by our Privacy Policy.
Disclaimer of Warranties
The use of the service, advice and information received from MyLatinLady and its members is at your own sole risk. The Service provided is on an "AS IS" AND "AS AVAILABLE" basis. MyLatinLady expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
MyLatinLady.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users or the Website, Members or by any of the equipment or programming associated with or utilized in the Service. MyLatinLady.com is not responsible for the conduct, whether online o offline, or any user of the Website or Member of the Service. MyLatinLady.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of unauthorized access to, or alteration of, user or Member or any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or layers on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members to any other person’s computer related to or resulting from participating or downloading materials in connection with the Website and/or in connection with the Service. MyLatinLady is not responsible for the outcome of any of the free advice given to members. Members use, or not use advice at their own risk. MyLatinLady is not responsible for any travel information, airline, hotel, tour, etc. bookings, and accommodations. Members travel at their own risk!
Under no circumstances will MyLatinLady.com be responsible for any loss or damage, including personal injury or death, resulting form anyone’s use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. MyLatinLady.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
21. Limitations of Liability
Except in jurisdictions where such provisions are restricted, in no event will MyLatinLady.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from use of the Web site or the service, even if MyLatinLady.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, MyLatinLady.com’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to MyLatinLady.com for the Service during the term of membership.
22. U.S. Export Controls
Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported to any country in which the U.S. has embargoed goods; or to anyone on the U.S. Treasury Department’s list of Special Designated Nationals or the U.S. Commerce Department’s Table to Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.
23. Arbitration of Disputes
Any and all disputes arising out of or related to these Terms of Use and/or your relationship with MyLatinLady and/or your use of the Sites shall be submitted to binding arbitration according to the rules of the American Arbitration Association. The parties to the arbitration shall evenly divide any and all costs of the arbitration. Neither party shall be entitled to attorney fees. All parties submit to exclusive jurisdiction in Santa Clara County, California. The arbitration shall take place exclusively in Santa Clara County, California at JAMS before a retired judge and shall be governed by California law without regard to its conflict of law provisions.
24. Indemnity
You agree to indemnify and hold MyLatinLady.com, its subsidiaries, affiliated, owners, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this agreement and/or any breach of your representations and warranties set forth above.
25. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
26. Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MyLatinLady has no control over such sites and resources, you acknowledge and agree that MyLatinLady is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MyLatinLady shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
27. Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to:
MyLatinLady.com
346 Clifton Avenue, Unit 4
San Jose, CA 95128
28. Governance
The Terms of Use and the relationship between you and MyLatinLady shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and MyLatinLady agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. Both parties agree to Arbitration per section 23 of these terms.
29. General Information
The Terms of Use constitutes the entire agreement between you and MyLatinLady, and governs your use of the Service, superseding any prior agreements between you and MyLatinLady with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other MyLatinLady services, affiliate services, third-party content, or third-party software.
The failure of MyLatinLady to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
You agree that your MyLatinLady account is non-transferable and any rights to your MyLatinLady ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
30. Violations
Please report any violations or questions of the Terms of Use to: team@MyLatinLady.com
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